Direito penal do inimigo e o critério da personalidade na garantia da ordem pública para decretação da prisão preventiva

Abstract

Presented to the world by the jurist Günther Jakobs, the theory of the “Criminal Law of the Enemy”, has as one of its main features the denial of humanity to criminals who represent a risk to the social order and state sovereignty. Therefore, it is the main objective of this present article try to verify the possible influence of this so call the Criminal Law of the Enemy in the decrees of the preventives detentions in Brazil, through the standard of the personality in the guarantee of the public order. The main methods are, bibliographical review, which is an attempt to expose the universe of scientific contributions of the authors that approach the subject treated on this present work. Analysis of documents, based on a review of the content of national and state judgments and content analysis, describing and interpreting the content as much as possible in relation to the class of documents and texts.